A. A property owner may apply for a temporary use permit for placement of a manufactured/mobile home or recreational vehicle (RV) for any of the four (4) reasons listed below. Under none of these circumstances shall the temporary dwelling be placed on a permanent foundation.
1. For agricultural workers engaged in performing a substantial amount of the operation of the property owner's agricultural activities within the prime agriculture (A-1) zone. Proof of payroll activity and/or legal compensation shall be provided with the application. One dwelling unit is permitted through the administrator. More than one dwelling unit per parcel may be allowed if approved by the commission.
2. While a permanent dwelling is being constructed. A recreational vehicle/manufactured home to be used as temporary housing shall require a permit and a time limit will be set for the construction of a permanent residence of one hundred eighty (180) days, unless excluded by covenants. If the building construction is not complete within this time period and the building permit is extended, an extension for the temporary dwelling may be requested for an additional one hundred eighty (180) days. Further extensions may be granted by the board under extenuating circumstances only. The temporary dwelling shall either be removed from the property or no longer be used as a dwelling within sixty (60) days from the issuance of a certificate of occupancy for the permanent dwelling.
3. Temporary hardship permit for substantiated healthcare needs for any member of the property owner's family. Proof of the healthcare need as evidenced through written and signed authorization from a medical professional is required.
4. Construction trailer intended for residential or security purposes on a construction site. Construction trailers, equipment and materials used in conjunction with construction work only may be permitted in any zone during the period construction work is in progress. Such temporary facilities shall be removed within sixty (60) days of completion of the construction work.
B. In zones allowing a temporary use, a landowner of the subject property may apply for a temporary use permit for any of the following reasons:
1. Roadside or fruit stands (see conditions in section 11-6-5 of this title).
2. Yard sales (see conditions in section 11-6-5 of this title) occurring more than four (4) times a year. (Ord. 2009-05, 9-28-2009)
11-19-2: APPLICATION AND NOTIFICATION:
The application for a temporary use permit shall be filed with the administrator and the applicant shall pay the required fee provided for in section 11-14-13 of this title prior to the issuance of any temporary use permit. For temporary use permits for healthcare needs (per subsection 11-19-1A3 of this chapter), the administrator shall give written notice of the pending application to those property owners and/or purchasers of record within three hundred feet (300') of the exterior boundary of the subject property. Notified property owners have twenty one (21) days from the date of mailing to respond to the notice. If an affected party is opposed to the application, a public hearing shall be held before the commission. (Ord. 2009-05, 9-28-2009)
11-19-3: DECISION OF ADMINISTRATOR:
A. The granting of a temporary use permit shall be within the sole discretion of the administrator following a full review of the facts as stated on the application and as received as a result of the required notification process. The administrator, at his or her discretion, may refer the application to the commission for action.
B. An approved temporary use permit expires upon failure to obtain a certificate of zoning compliance within ninety (90) calendar days from the date of approval of the temporary use permit unless a onetime extension of time up to sixty (60) days is granted.
C. The administrator shall give notice of the decision granting or denying the application to those previously notified of the temporary use application. (Ord. 2009-05, 9-28-2009)
11-19-4: APPEAL:
A. Any person aggrieved by the administrator's decision may file a written request that the commission review the administrator's decision. At its next regularly scheduled meeting, the commission shall review the administrative record and may take one of the following actions:
1. Affirm the administrator's decision without hearing;
2. Reverse the administrator's decision without hearing;
3. Modify the administrator's decision without hearing;
4. Set a formal public hearing for review of the administrator's decision. Said hearing shall be noticed pursuant to section 11-7-6 of this title and conducted in accordance with the procedures established in chapter 18 of this title. The aggrieved person shall pay the appropriate hearing fee as set forth in section 11-14-13 of this title.
B. Any person aggrieved by the decision of the commission made after a formal public hearing may file with the administrator a written request appealing the decision to the board. The board shall hold a public hearing after following the notice and hearing procedures set forth in section 11-7-6 of this title. The aggrieved person shall pay the appropriate hearing fee as set forth in section 11-14-13 of this title. (Ord. 2009-05, 9-28-2009)
Gem County Unincorporated City Zoning Code
CHAPTER 19
TEMPORARY USES
11-19-1: PERMIT REQUIRED:
A. A property owner may apply for a temporary use permit for placement of a manufactured/mobile home or recreational vehicle (RV) for any of the four (4) reasons listed below. Under none of these circumstances shall the temporary dwelling be placed on a permanent foundation.
1. For agricultural workers engaged in performing a substantial amount of the operation of the property owner's agricultural activities within the prime agriculture (A-1) zone. Proof of payroll activity and/or legal compensation shall be provided with the application. One dwelling unit is permitted through the administrator. More than one dwelling unit per parcel may be allowed if approved by the commission.
2. While a permanent dwelling is being constructed. A recreational vehicle/manufactured home to be used as temporary housing shall require a permit and a time limit will be set for the construction of a permanent residence of one hundred eighty (180) days, unless excluded by covenants. If the building construction is not complete within this time period and the building permit is extended, an extension for the temporary dwelling may be requested for an additional one hundred eighty (180) days. Further extensions may be granted by the board under extenuating circumstances only. The temporary dwelling shall either be removed from the property or no longer be used as a dwelling within sixty (60) days from the issuance of a certificate of occupancy for the permanent dwelling.
3. Temporary hardship permit for substantiated healthcare needs for any member of the property owner's family. Proof of the healthcare need as evidenced through written and signed authorization from a medical professional is required.
4. Construction trailer intended for residential or security purposes on a construction site. Construction trailers, equipment and materials used in conjunction with construction work only may be permitted in any zone during the period construction work is in progress. Such temporary facilities shall be removed within sixty (60) days of completion of the construction work.
B. In zones allowing a temporary use, a landowner of the subject property may apply for a temporary use permit for any of the following reasons:
1. Roadside or fruit stands (see conditions in section 11-6-5 of this title).
2. Yard sales (see conditions in section 11-6-5 of this title) occurring more than four (4) times a year. (Ord. 2009-05, 9-28-2009)
11-19-2: APPLICATION AND NOTIFICATION:
The application for a temporary use permit shall be filed with the administrator and the applicant shall pay the required fee provided for in section 11-14-13 of this title prior to the issuance of any temporary use permit. For temporary use permits for healthcare needs (per subsection 11-19-1A3 of this chapter), the administrator shall give written notice of the pending application to those property owners and/or purchasers of record within three hundred feet (300') of the exterior boundary of the subject property. Notified property owners have twenty one (21) days from the date of mailing to respond to the notice. If an affected party is opposed to the application, a public hearing shall be held before the commission. (Ord. 2009-05, 9-28-2009)
11-19-3: DECISION OF ADMINISTRATOR:
A. The granting of a temporary use permit shall be within the sole discretion of the administrator following a full review of the facts as stated on the application and as received as a result of the required notification process. The administrator, at his or her discretion, may refer the application to the commission for action.
B. An approved temporary use permit expires upon failure to obtain a certificate of zoning compliance within ninety (90) calendar days from the date of approval of the temporary use permit unless a onetime extension of time up to sixty (60) days is granted.
C. The administrator shall give notice of the decision granting or denying the application to those previously notified of the temporary use application. (Ord. 2009-05, 9-28-2009)
11-19-4: APPEAL:
A. Any person aggrieved by the administrator's decision may file a written request that the commission review the administrator's decision. At its next regularly scheduled meeting, the commission shall review the administrative record and may take one of the following actions:
1. Affirm the administrator's decision without hearing;
2. Reverse the administrator's decision without hearing;
3. Modify the administrator's decision without hearing;
4. Set a formal public hearing for review of the administrator's decision. Said hearing shall be noticed pursuant to section 11-7-6 of this title and conducted in accordance with the procedures established in chapter 18 of this title. The aggrieved person shall pay the appropriate hearing fee as set forth in section 11-14-13 of this title.
B. Any person aggrieved by the decision of the commission made after a formal public hearing may file with the administrator a written request appealing the decision to the board. The board shall hold a public hearing after following the notice and hearing procedures set forth in section 11-7-6 of this title. The aggrieved person shall pay the appropriate hearing fee as set forth in section 11-14-13 of this title. (Ord. 2009-05, 9-28-2009)